Barbara Nitke CaseThe National Coalition for Sexual Freedom is a national organization committed to creating a political, legal, and social environment in the United States that advances equal rights of consenting adults who practice forms of alternative sexual expression. NCSF is primarily focused on the rights of consenting adults in the SM-leather-fetish, swing, and polyamory communities, who often face discrimination because of their sexual expression.https://ncsfreedom.org
Sun, 02 Aug 2015 22:40:55 +0000en-gbCDA Expert Testimony in the Barbara Nitke Casehttps://ncsfreedom.org/resources/communications-decency-act/item/403-cda-expert-testimony-in-the-barbara-nitke-case.html
https://ncsfreedom.org/resources/communications-decency-act/item/403-cda-expert-testimony-in-the-barbara-nitke-case.htmlUNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------X BARBARA NITKE, THE NATIONAL COALITION FOR SEXUAL FREEDOM, and THE NATIONAL COALITION FOR SEXUAL FREEDOM FOUNDATION, Plaintiffs, -against- JOHN ASHCROFT, ATTORNEY GENERAL OF THE UNITED STATES OF AMERICA, and THE UNITED STATES OF AMERICA; Defendants. 01 Civ. 11476 (RMB) PLAINTIFFS' RESPONSES AND OBJECTIONS TO DEFENDANTS' FIRST SET OF INTERROGATORIES AND REQUEST FOR DOCUMENTS -------------------------------------------------------------------X Plaintiffs Barbara Nitke ("Nitke") and the National Coalition for Sexual Freedom ("NCSF"), by their attorney, John F. Wirenius hereby respond and object to Defendants' First Set of Interrogatories and Request for Documents (collectively, the "Requests") as follows: GENERAL OBJECTION AND RESERVATIONS Plaintiffs object to Defendants' Requests to the extent they purport to require the disclosure of documents and information beyond the scope of that mandated under the Federal Rules of Civil Procedure and other applicable law. Plaintiffs object to Defendants' Requests to the extent that they seek the production of documents and information that are exempt from discovery under the attorney-client or work product privileges, or that are otherwise privileged or protected from disclosure. Plaintiffs object to Defendants' Requests to the extent that they seek the production of documents and information that are not…

]]>Nitke Document ResourcesThu, 21 Jun 2007 15:23:59 +0000Expert Witness Reports Submitted in Nitke v. Ashcrofthttps://ncsfreedom.org/resources/communications-decency-act/item/59-expert-witness-reports-submitted-in-nitke-v-ashcroft.html
https://ncsfreedom.org/resources/communications-decency-act/item/59-expert-witness-reports-submitted-in-nitke-v-ashcroft.htmlNew York, December 18, 2003 - The National Coalition for Sexual Freedom has submitted expert witness reports for their landmark Communications Decency Act lawsuit, Nitke v. Ashcroft (Case No. 01 Civ. 11476). John Wirenius, attorney for plaintiffs NCSF and photographer Barbara Nitke, provided 31 expert witness reports and witnesses who will testify before the three-judge panel for the Southern District of New York. The expert witness reports support the plaintiffs' contention that "local community standards" cannot be accurately applied to the Internet and, therefore, cannot be used to determine what is obscene. If the most restrictive communities can control what is placed on the Internet, then everyone will be restricted to that standard. The Internet is a world-wide phenomenon, therefore websites should not be held to standards specific to geo-location because community standards vary significantly from region to region and community to community. Expert witness reports were submitted that establish self-censoring by artists because of the vagueness of this law. The importance of anonymity because of the frequent persecution of sexual minorities was also established as well as the social importance of sexually explicit speech in both art and education. "This phase of the trial is critical…

Nitke

]]>Barbara Nitke CaseMon, 17 Nov 2003 20:00:00 +0000Communications Decency Act (CDA) Lawsuithttps://ncsfreedom.org/resources/communications-decency-act/item/45-communications-decency-act-cda-lawsuit.html
https://ncsfreedom.org/resources/communications-decency-act/item/45-communications-decency-act-cda-lawsuit.htmlJuly 26, 2005 - New York, NY - A three judge panel has made a decision in the National Coalition for Sexual Freedom and acclaimed photographer Barbara Nitke's challenge against the Communications Decency Act (CDA) which criminalizes free speech on the Internet. According to the court, the plaintiffs presented "insufficient evidence" to support findings that the variation in community standards is substantial enough that protected speech is inhibited by the CDA. According to the decision handed down by the Federal District Court for the Southern District of NY, in case #01 CIV 11476 (RMB): "The plaintiffs have offered evidence that there are at least 1.4 million Websites that mention "BDSM" (bondage, discipline, and sadomasochism)... The plaintiffs have submitted images and written works that represent material posted to a small number of Websites, that they contend may be considered obscene in some communities but not in others. These examples provide us with an insufficient basis upon which to make a finding as to the total amount of speech that is protected in some communities but that is prohibited by the CDA because it is obscene in other communities." The court agreed that NCSF members and Barbara Nitke are genuinely at risk…

CDA

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]]>Barbara Nitke CaseMon, 25 Jul 2005 20:00:00 +0000NCSF and Nitke vs. Gonzales Supreme Court Updatehttps://ncsfreedom.org/resources/communications-decency-act/item/9-ncsf-and-nitke-vs-gonzales-supreme-court-update.html
https://ncsfreedom.org/resources/communications-decency-act/item/9-ncsf-and-nitke-vs-gonzales-supreme-court-update.htmlMarch 3, 2006 - In documents filed with the U.S. Supreme Court, the U.S. Justice Department did not contest NCSF's assertion that NCSF's Communications Decency Act challenge is properly before the Supreme Court on direct appeal. That is a big step forward because that means both sides agree that the Supreme Court should rule on the merits of NCSF and Barbara Nitke's case, and not on any procedural grounds. The government requested that the Supreme Court affirm the lower court decision against Nitke vs. Gonzales, arguing that the case should move forward with only a limited briefing without argument. NCSF filed a response this week contending that the Supreme Court should order a full briefing and oral argument to hear all the facts in this important First Amendment lawsuit. Now is the time to support NCSF! NCSF needs funds to continue providing operating support for the CDA lawsuit, commenced in 2001 and now finally before the U.S. Supreme Court. Donations also fund our constituency services: NCSF's Incident Response program helps over 700 people a year, and the weekly Media Updates alert subscribers about news articles dealing with SM, polyamory and swinging. Full text of the governments Motion to Affirm and…

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]]>Barbara Nitke CaseThu, 02 Mar 2006 20:00:00 +0000Justices Pass on Internet Obscenity Casehttps://ncsfreedom.org/resources/communications-decency-act/item/8-justices-pass-on-internet-obscenity-case.html
https://ncsfreedom.org/resources/communications-decency-act/item/8-justices-pass-on-internet-obscenity-case.htmlMarch 20,2006 | WASHINGTON -- The Supreme Court turned back an appeal on Monday from a photographer who claimed a federal decency law violated her free-speech rights to post pictures of sadomasochistic sexual behavior on the Web. Justices affirmed a decision last year by a special three-judge federal panel upholding the 1996 law which makes it a crime to send obscenity over the Internet to children. The court could have used the case to set online obscenity standards. The subject of children and indecency has gotten more attention recently. Last week the government renewed its crackdown on indecent television by proposing nearly $4 million in fines for controversial broadcasts. The Supreme Court appeal was brought by photographer Barbara Nitke, whose work is featured in the book "Kiss of Fire: A Romantic View of Sadomasochism," and by the National Coalition for Sexual Freedom. Material that is obscene is not protected by the First Amendment, but Nitke's lawyer contends her work is art that is not obscene. Justices were told by attorney John Wirenius of New York that if they turned down the case, "many more Internet users will likely face the constitutionally unsupportable choice faced by Ms. Nitke: either to censor…

Legal

Supreme Court

]]>Barbara Nitke CaseSun, 19 Mar 2006 20:00:00 +0000Supreme Court Decision in the Communications Decency Act (CDA)https://ncsfreedom.org/resources/communications-decency-act/item/7-supreme-court-decision-in-the-communications-decency-act-cda.html
https://ncsfreedom.org/resources/communications-decency-act/item/7-supreme-court-decision-in-the-communications-decency-act-cda.html March 20, 2006 - Washington D.C. Today the U.S. Supreme Court affirmed the Federal District Court's decision in Barbara Nitke and NCSF v. Alberto Gonzales, the challenge to the Communications Decency Act, #01 CIV 11476 (RMB). The Supreme Court has affirmed the lower court's decision without hearing oral arguments, sending a clear signal that the court will not protect free speech rights when it comes to sexually explicit materials. The NCSF and Nitke lawsuit was successful in weakening the Miller standard of judging obscenity: the District Court for the Southern District of NY made a factual finding that the SLAPS prong of Miller does not provide protection against prosecution as it was intended to do. The Miller decision (1973) stated that materials were constitutionally protected if the work, taken as a whole, has "serious literary, artistic, political, or scientific value." However the District court accepted evidence from NCSF and Nitke that prosecutors and juries in more restrictive communities are less likely to extend protection to artistic and literary materials that are outside the mainstream of traditional sexuality. "We have proven that Miller does not work," says Susan Wright, Spokesperson for NCSF. "But the Supreme Court has declined…

CDA

Legal

Supreme Court

Nitke

]]>Barbara Nitke CaseSun, 19 Mar 2006 20:00:00 +0000Supreme Court Affirms Lower Court's Ruling in Nitke Appeal Without Hearing Oral Argumentshttps://ncsfreedom.org/resources/communications-decency-act/item/6-supreme-court-affirms-lower-courts-ruling-in-nitke-appeal-without-hearing-oral-arguments.html
https://ncsfreedom.org/resources/communications-decency-act/item/6-supreme-court-affirms-lower-courts-ruling-in-nitke-appeal-without-hearing-oral-arguments.htmlWASHINGTON, DC - The Supreme Court today denied an appeal by photographer Barbara Nitke and the National Coalition for Sexual Freedom (NCSF) in the case of Nitke v. Gonzalez. The appeal challenged the constitutionality of the Communications Decency Act on the grounds that the obscenity provision of the CDA is overbroad. Last year, a three-judge panel in New York's Southern District had dismissed Nitke's lawsuit, ruling that there was "insufficient evidence" to show that the CDA was overbroad. In affirming that ruling today, the Supreme Court did not hear oral arguments in the case, instead issuing a four-word decision which reads simply: "The Judgment is Affirmed." According to comments posted by attorney Alan R. Levy to his Live Journal blog, since the case had been decided by a three-judge panel, Nitke and the NCSF had an "appeal of right to the U.S. Supreme court," which meant that the court could not "deny certiorari and had to take the case." Levy is a senior associate with the law firm of Lester, Schwab, Katz and Dwyer in New York, and a member of the NCSF. "Unfortunately, the Supreme Court's decision consisted of four words: 'The Judgment is Affirmed'," Levy wrote. "Hence, it…

Nightclub

Supreme Court

]]>Barbara Nitke CaseTue, 21 Mar 2006 20:00:00 +0000Justices Reject Photographer's Appealhttps://ncsfreedom.org/resources/communications-decency-act/item/1-justices-reject-photographers-appeal.html
https://ncsfreedom.org/resources/communications-decency-act/item/1-justices-reject-photographers-appeal.html The Supreme Court refused to hear an appeal yesterday from a New York photographer who said that a federal decency law violated her First Amendment rights to post explicit pictures of sadomasochism and bondage on the Web, The Associated Press reported. The justices affirmed a decision by a special three-judge federal panel upholding the Communications Decency Act of 1996, which made it a crime to post obscene materials on the Internet. The appeal was brought by Barbara Nitke, whose work is featured in the book "Kiss of Fire: A Romantic View of Sadomasochism," and by the National Coalition for Sexual Freedom.